—(1) Any person responsible for an exterior feature of a building who, without reasonable excuse, fails to keep or maintain the exterior feature in such manner as to be securely fixed to the building and as will prevent any collapse, partly or wholly, of such exterior feature or its support shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) In any proceedings for an offence under this section, it shall be presumed, in the absence of proof to the contrary, that the person responsible for an exterior feature of a building has failed to keep or maintain the exterior feature in such manner as to be securely fixed to the building and as will prevent any collapse, partly or wholly, of such exterior feature or its support, if it is proved —

(a)

that the exterior feature or part thereof has collapsed or fallen; and

(b)

that there is damage to, deterioration or other disrepair of the exterior feature or its support not caused by accident or acts of nature, including but not limited to fire, explosion, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake or landslide.

[47/2007]

(3) If a person is charged with an offence under subsection (1), it shall be a defence for him to prove that there is a defect in any part, or the whole, of such exterior feature or its support caused by materials or work supplied by anyone other than the person responsible.

(4) Without prejudice to subsection (3), a person responsible for an exterior feature shall not, by virtue of subsection (1), be guilty of an offence under that subsection if —

(a)

within 7 days after service on him of any notice alleging that he has been guilty of such offence, he furnishes by statutory declaration to the Commissioner, the name and address of the contractor, managing agent or other person appointed by the person responsible to manage and maintain the exterior feature at all relevant times relating to the offence concerned; and

(b)

he satisfies the court that he relied, in good faith and after making proper inquiry (if the circumstances indicated the need for inquiry of the advice or services), on professional or expert advice or other services given or rendered by the contractor, managing agent or other person in relation to the exterior feature concerned.

[47/2007]

(5) A statutory declaration made under subsection (4) if produced in any proceedings against the person named therein and in respect of the offence concerned shall be prima facie evidence that the person had charge and control of the management and maintenance of the exterior feature at all relevant times relating to that offence.